Letter to the Editor

The Manly Daily

21 March 2006

Dear Sir / Madam

The managers of the New Brighton pub should review their legal position carefully (“Pub security stir”, Manly Daily, 15 March 2006).

Just a quick check of the NSW Privacy Commissioner’s website would have told them that the law relating to driver’s licences allows businesses to demand that customers show their driver’s licence as evidence of their age or identity - but only where it is reasonable for that business to need that information.

It is obviously reasonable – even expected – of licensed premises to check people are over 18 before they enter. But that does not mean the pub needs to know, let alone take a copy of, your name, home address, photograph or signature. Collecting and storing this personal information is simply unnecessary, and puts patrons’ personal security and identity security at risk.

That’s why the pub managers should also take a look at their Privacy Act obligations – which include not collecting personal information beyond what is necessary, informing patrons at the time of entry how their information is being stored, what their personal information will be used for, who else it will be disclosed to, how patrons can check the system for themselves, and allowing patrons to opt out of any marketing use of the information.

But perhaps most importantly, the pub managers should know that the Privacy Act explicitly says its customers must be allowed to enjoy their services anonymously. Patrons unhappy about being refused entry without their details being recorded in a database can make a complaint to the Privacy Commissioner.

Adults should be allowed to enjoy a quiet drink without Big Brother peering over their shoulder. I for one won’t be visiting the New Brighton pub until their policy is changed – and would encourage others to stay away too.

Yours sincerely

Anna Johnston

Chair, Australian Privacy Foundation